Electricity Regulation Act, 2006
R 385.00
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)ProclamationsReferral of Matters to Existing Special Investigating UnitsAlfred Nzo District MunicipalityProclamation No. 218 of 2024 |
Proclamation No. 218
8 November 2024
GG 51517
PROCLAMATION NO. 218 of 2024
by the
PRESIDENT of the REPUBLIC of SOUTH AFRICA
WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as the “Act”), have been made in respect of the affairs of the Alfred Nzo District Municipality (hereinafter referred to as “the Municipality”);
AND WHEREAS the Municipality or the State suffered losses that may be recovered;
AND WHEREAS I deem it necessary that the said allegations should be investigated and civil proceedings emanating from such investigation should be adjudicated upon;
NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Municipality, for investigation to the Special Investigating Unit established by Proclamation No. R. 118 of 31 July 2001 and determine that, for the purposes of the investigation of the matters, the terms of reference of the Special Investigating Unit are to investigate as contemplated in the Act, any alleged—
| (a) | serious maladministration in connection with the affairs of the Municipality; |
| (b) | improper or unlawful conduct by the employees of the Municipality; |
| (c) | unlawful appropriation or expenditure of public money or property; |
| (d) | unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property; |
| (e) | intentional or negligent loss of public money or damage to public property; |
| (f) | offence referred to in Parts 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), and which offences were committed in connection with the affairs of the Municipality; or |
| (g) | unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, |
which took place between 1 January 2015 and the date of publication of this Proclamation or which took place prior to 1 January 2015 or after the date of publication of this Proclamation, but is relevant to, connected with, incidental or ancillary to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the Municipality or the State, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Johannesburg this 14th day of October Two thousand and twenty four.
CM Ramaphosa
President
By Order of the President-in-Chief
T Simelane
Minister of the Cabinet
SCHEDULE
| 1. | Serious maladministration, including the causes for such maladministration, in the affairs of the Municipality in relation to— |
| (a) | Implementation of Water Services Infrastructure Grant projects in Ntabankulu (Appointment of a panel of service providers, Consulting Engineers and Contractors, for the Planning, Design and Construction of Water Services Infrastructure Grant funded projects in the Alfred Nzo District Municipality - Ntabankulu Local Municipality); |
| (b) | Mount Ayliff Bulk Peri Urban Water Supply (Implementation of Pump station and a reservoir); |
| (c) | Servicing Mbizana Town Area with 2ML Waste Water Treatment Works and Outfall Sewer (Construction of 2ML Waste Water Treatment Works and Outfall Sewer Pipeline) Mbizana Sewer; |
| (d) | Kwabhaca Regional Bulk Water Supply Scheme at Mount Frere (Construction of Water Treatment Works and other water schemes at Mount Frere Peri Urban); |
| (e) | Tender No: ANDM/IDMS-PMU/131/13/06/18: Greater Mbizana Water Supply Project Phase 1A Contract 1B Village Reticulation to Ward 27: Qobo and Mfundeni; |
| (f) | Tender No: ANDM/IDMS-PMU/41/23/09/19: Greater Mbizana Water Supply Project Phase 33: Implementation of Ward 4 & 27: Zone 0 Main Pipeline Contract 3B; and |
| (g) | Tender No: ANDM/IDMS-PMU/133/31/01/20: Matatiele Ward 5 Water Supply Project Phase 3 Contract 3 Matolweni Secondary Mains and Reticulation, |
and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Municipality.
| 2. | Any irregular, unlawful or improper conduct by— |
| (a) | officials or employees of the Municipality; |
| (b) | contractor, suppliers or applicable service providers of the Municipality; or |
| (c) | any other person or entity, |
in relation to the allegations set out in paragraph 1 of this Schedule.
